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Austrian OGH: No ‘Simplified’ Property Separation of Garages

Civil Law 

The applicant sought to divide her residential property, an apartment and a garage, into two independent property units, basing her claim on Section 56(1) of the 2002 Austrian Apartment Ownership Act (Wohnungseigentumsgesetz, 2002, hereinafter WEG 2...

OGH: Division In Kind prior to Inheritance Devolution

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof) recently dealt with the division of inheritance rights prior to devolution, taking into account previous gifts to heirs by the deceased.  The plaintiff and the two defendants are the children and lega...

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